Applicant
Andros et Cie SAS
Case number(s)
201520035
Decision date
Type
Decision
DecisionConsent granted
Section 12(b) Overseas Investment Act 2005
Decision Date26 August 2015
InvestmentAn overseas investment in sensitive land, being the Applicant's re-acquisition of rights or interests in up to 100% of the shares of Barker Fruit Processors Limited which owns or controls a freehold interest in 12.9550 hectares of land at 72 Shaw Road, Geraldine.
ConsiderationUnknown
Applicant

Andros et Cie SAS
France (100%)

Vendor

Michael Barker, Justin Riley and Nicky Donkers
New Zealand (100%)

Background

Andros et Cie SAS (“Andros”), under application number 201510056, sought consent to acquire Barker Fruit Processors Limited (“Barker’s”).  However, Andros also wanted to allow some of Barker's managers, and indirect owners, to invest back into the Barker’s company.

This consent provides a mechanism by which the New Zealand minority shareholders can dispose of their shareholding in Barker’s should they wish to do so, or should Andros choose to acquire their shareholding.

The overseas investment transaction has satisfied the criteria in section 16 of the Overseas Investment Act 2005. The 'substantial and identifiable benefit to New Zealand' criteria were satisfied by particular reference to the following factors:

Overseas Investment Act 2005
17(2)(a)(iii) – Increased export receipts
17(2)(a)(iv) – Greater efficiency or productivity

More informationSusie Kilty/Nick Bragg
Buddle Findlay
PO Box 2694
WELLINGTON 6140